PESHAWAR: Several inhabitants of Umarabad village council have moved Peshawar High Court against non-existence of any school in their area, seeking directives for the government to set up a high school each for boys and girls there.

The writ petition was filed in the high court by Mohammad Saeed and 49 other residents of the area, stating that large number of children had not been getting education owing to non-availability of any school there.

The respondents in the petition are Khyber Pakhtunkhwa government through its chief secretary; provincial finance minister, secretary local government, secretary elementary and secondary education, MNA Arbab Amir Ayub, MPA Ishtiaq Ahmad Urmer and the nazims of Peshawar Town 1, II and IV.

Residents of Umarabad say a large number of children have been deprived of education

The petition filed through Advocate Mohammad Muazam Butt states that Umarabad village council (Chowa Gujjar) comprises over 15,000 families.

The petitioners stated that a small number of children were accommodated in the middle and high school in Chamkani, whereas others were refused admissions there because of huge requirement and strength of local students.

They claimed that since the creation of Pakistan, the inhabitants of the area had been approaching almost every elected member of the provincial assembly of the relevant constituency to get a middle and high school for their children but in vain.

They contended that for adequate remedy, the petitioners had no other option but to approach the high court under Article 199 of the Constitution.

The petitioners contended that it was responsibility of the state under Article 25-A of the Constitution to provide free education to all the children. They added that under Article 37 (B) of the Constitution the state should remove illiteracy and provide compulsory and free secondary education to children.

The petitioners said that under Article 38(D), it was the responsibility of state to provide basic necessities of life such as food, clothing, education and medical relief to people.

They stated that as far as the rights and privileges of the inhabitants of Umarabad were concerned, they had not been equally treated by the provincial government as resources of government were spent in other areas and the petitioners had been ignored.

They maintained that the petitioners had legitimate right to require from the government to set up a high school each for boys and girls in the area.

They prayed the court to declare that the provincial government was under obligation to set up a high school each for boys and girls in view of Articles 25-A, 35 (A)(B) and 38 (D) of the Constitution.

As interim relief, the petitioners have requested the court to direct the provincial government to make provisional arrangement for a high school in the area.

Published in Dawn, December 27th, 2018